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Dish says Hopper DVR wins 3rd federal ruling

by AP

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A Dish Network satellite dish (L) is mounted next to a DirecTV dish on the roof of an apartment building on April 15, 2013 in San Francisco, California. Justin Sullivan/Getty Images

Satellite TV company Dish Network says it has won a third federal court decision upholding the use of its Hopper digital video recorder, which allows viewers to watch recordings of hours of prime-time broadcasts with the commercials automatically stripped out.

Dish Network Corp.'s general counsel, R. Stanton Dodge, called the decision by Judge Laura Swain of New York "yet another victory for American consumers." Swain made the order under seal Wednesday.

A spokeswoman for ABC, which had requested an injunction barring this use of the Hopper, didn't immediately respond to a message seeking comment.

Dish cited two previous wins: a similar ruling by a district judge in California in November, and the upholding of a lower court decision in July by the 9th U.S. Circuit Court of Appeals.